What are the defenses to a strict liability claim?

A defense to a claim of strict liability in the state of Utah is that the product was not in a defective condition when it left the manufacturer’s control. This defense asserts that any alterations or modifications made to the product, or any misuse of the product, after it left the control of the manufacturer caused the injury or damage thereby absolving the manufacturer of any responsibility. Another defense is that the injured person assumed the risk. This defense holds that the injured person voluntarily accepted the risk of injury by using the product and should not be entitled to any compensation from the manufacturer. A third defense used in a strict liability claim in Utah is the statute of limitations. Under this defense, the manufacturer must be notified within a certain period of time after the injury or damage has occurred. This period of time is typically governed by the statute of limitations that is designated to the state. Finally, a fourth defense used in a strict liability claim is that the product was not intended to be used for the purpose that it was actually used. This defense asserts that the product was not intended for the use that the injured person was engaged in. Without that use being foreseen by the product designer or manufacturer, the manufacturer may not be held liable for any injury or damage that occurred.

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What are the defenses to a strict liability claim?

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